Henry arson suspect’s attorney suspended for misconduct (IL)

August 24, 2014

LACON — In the latest twist in the saga of an accused Henry arsonist also found to have misused funds from her two children’s estate, April Durham’s probate attorney has been suspended from practice because of his own misuse of a client’s funds.

Peru attorney Charles W. Helmig, 76, recently was suspended by the Illinois Supreme Court for misconduct that included using nearly $100,000 of an elderly client’s money for his own purposes over a three-year period, according to the Illinois Attorney Registration and Disciplinary Commission.

His son, James Michael Helmig, who practices with him, is not involved in the disciplinary action.

Charles Helmig wrote himself 77 checks totaling $95,857.30 from the account of Generose Schweickert between September 2006 and November 2012, while she was in nursing homes and hospitals, an ARDC hearing board found. Schweickert, who had been Helmig’s longtime secretary and gave him power of attorney in 2005 at age 83, died in March 2013.

When his actions came to light after missed payments to the woman’s nursing home, Helmig described the fund transfers as “loans” and said he prepared promissory notes, but “there’s no clear evidence that he did,” the ARDC panel reported. “We did not find (Helmig) to be a credible witness.”

The 50-year attorney, who had never before faced discipline, eventually repaid the funds. But the hearing board, citing a state Supreme Court dictum that “restitution does not purge the original wrongdoing,” recommended a three-year suspension in March.

That had been appealed before a review board, ARDC chief counsel and deputy administrator James Grogan said Tuesday. But at the request of agency prosecutors, who had sought disbarment, the court issued an order of interim suspension on July 22.

The appeal is set for an Oct. 10 hearing in Chicago and the review board could issue its decision by the end of the year, Grogan said. But Helmig will be suspended at least until the full court determines his final fate.

Helmig could not be reached Tuesday. He did not respond to a message left at his Peru office, and calls to a number listed for a Granville office were not answered.

Meanwhile, Durham on Monday cited his suspension as a reason to request a delay in the probate proceedings. The 2006 case revolves largely around her use of funds that her now-teenage children received after their father died while in military service.

Attorney Roger Bolin, recently appointed to represent the children’s interests, disputed that. He pointed out that her attorney of record is the firm, not Helmig personally.

“Charles Helmig’s problems with the ARDC don’t spill over to James Helmig,” Bolin said.

Judge Thomas Keith gave her until Aug. 18 to talk with the younger Helmig or find other counsel. He also scheduled her sentencing that day for a contempt citation, and he said some issues could call for criminal prosecution.

“There have been massive amounts of money pulled out of these (children’s) accounts,” Keith said. “Based on what I’ve seen so far, I’m highly suspicious of where this money has gone.”

Durham’s arson case, which is due for a pre-trial hearing Aug. 20, stems from a house fire in April. Her defense attorney is Kevin Sullivan of Peoria, who is not involved in the probate case.

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